Victory For Quebec Skilled Worker Applicants

Thousands of Canadian immigration applications may be affected by court decision

The Superior Court of Quebec has arrived at a decision in the case of Stasenko v. MICC et al, which challenged the government of Quebec’s decision to apply changes to the Quebec Skilled Worker Program’s (QSWP) eligibility criteria retroactively, having previously promised applicants that their application would be processed based on regulations in effect when it was submitted.

Legal proceedings were initiated by the law firms of Campbell Cohen (David Cohen) and Irving Mitchell Kalichman (Mathieu Bouchard) in an effort to prevent the government of Quebec from applying new immigration regulations retroactively. The decision centred on the principle of promissory estoppel — the legal principle that a promise is enforceable by law when the promisor (person making the promise) makes a promise to the promisee (person being promised) who relies on it to his or her detriment.

This important decision represents a victory for thousands of applicants whose applications for immigration to Canada under the QSWP may have been affected by regulations introduced by the government of Quebec that came into effect on August 1, 2013.

The background

In February, 2012, Quebec released a document checklist for the QSWP. No such checklist existed before this date. A key sentence of this checklist stated ‘your application for a selection certificate will be processed based on regulations in effect when it was submitted.’ This sentence was removed from the checklist in May, 2013.

The QSWP is a points-based Canadian immigration program. Candidates are assessed according to various selection factors, such as language ability and level of education, and awarded a certain number of points based on these factors.

The government of Quebec enacted new regulations that came into effect on August 1st, 2013, the combined effect of which significantly changed the way points are calculated under the QSWP. Among the changes made to the points system were changes to how points were to be awarded for language ability. Whereas previously applicants could be awarded points according to their language ability, even if their abilities were basic or intermediate, the new regulations determined that points for language ability could only now be awarded if the applicant could prove an advanced-intermediate ability.

These regulations were applied retroactively to all applications where preliminary processing had not yet begun, meaning that these applications would be assessed according to the new points system, despite the promise made to applicants that their application for a selection certificate would be processed based on regulations in effect when it was submitted.

By the end of June, 2013, there were more than 50,000 affected applications for a selection certificate under the QSWP that had been received by the government of Quebec. Many of these applications had been submitted while the terms of the original checklist were in effect.

The only transitional measure put in place was to allow applicants who had submitted their applications between July 8 and August 16, 2013 to withdraw their application voluntarily and obtain a refund.

The case

A case against the government of Quebec was brought by an applicant who submitted an application for immigration to Quebec through the QSWP on April 9, 2013. The applicant, a Russian citizen, was a client of the Campbell Cohen law firm, with Attorney David Cohen as her legal representative. Her file was opened on June 20, 2013, and the Minister notified receipt of her processing fees, which came to CAD $910.

The changes made to the language proficiency requirements, which came into effect on August 1, 2013, meant that the applicant was unlikely to be eligible when it came to the preliminary processing stage of her application. Under the points system in place when her application was submitted, her chances of being assessed positively and being called for an interview by the government of Quebec were excellent.

On April 21, 2015, the Superior Court of Quebec made a decision in favour of the plaintiff and ruled against the government of Quebec. The government of Quebec has 30 days to appeal the decision.

What this means for applicants

At this time, it remains to be seen if it is only those applications that were submitted while the original document checklist was in effect with the key sentence ‘your application for a selection certificate will be processed based on regulations in effect when it was submitted’ that may benefit from this decision. These applications would need to have been submitted between February, 2012 and April 2013, inclusive, and not yet have reached preliminary processing by the time the updated regulations came into force.

If these applicants wish to have their case for a selection certificate through the QSWP reassessed based on the points system in effect at the time of submission, they may be able to do so as a result of this case. A broader interpretation of the ruling could affect a greater number of applications submitted before February, 2012.

Attorney David Cohen

“In any event, this case is likely to have affected thousands of applicants who, in my view, were wrongly denied the chance to have their applications for immigration assessed with fairness. That is why I was proud to be co-counsel in the legal efforts against the government’s decision,” says Attorney David Cohen.

“One would have thought that only those applicants who applied on or after August 1, 2013 would have been subject to the changes, but this was not the case. Changes were applied retroactively to candidates who applied, in good faith, months beforehand, under the impression that their application would be processed based on regulations in effect at the time of submission, as per the document checklist for the program.

“With a favourable decision based on the principle of promissory estoppel, these applicants may yet be able to realise their Canadian immigration aspirations through the Quebec Skilled Worker Program.”

Glory be to God. What chances do I also have? My application was confirmed by CIC on May 15 2007 and I have been waiting for all these while only to receive a letter telling me my application has been cancelled by the Canadian government and so I should fill a second form with my bank details for the refund of my application fees. The letter added that part of the reasons why the applications were cancelled were that I applied prior to February 8 2008 and that the new rules has incapacitated my application. I was dumbly confused. I have not applied for the refund of my application fees as yet. Mr Cohen, what chances do I also have. Thanks a million for this update.

Dear Mr.Cohen,
greetings and congratulations to you for the marvellous victory which would bring cheers to thousands of applicants who were affected by the new system.
Please enlighten will this decision be also applicable in other provinces where applicant were affected by the new system. Thanks

Hello, want to emigrate to Canada, has any application possibilities, I want to live to work from toured .Jam Egzona of Kosovo, if it is possible this could help me is my dream state I love Canada. My respects

greetings and congratulations to you for the amiable victory which would bring cheers to thousands of applicants like me any my friend who were affected by the new system.
is there any reflection about the effective date of investigation based on old system?!

That’s a great news. I am also an applicant from the Philippines and I passed my application last March 2014. I pushed myself in learning French and I eventually passed the B2 level. However eventhough I did submit my B2 DELF diploma, processing time is very slow and sometimes I become hopeless if my effort in learning French will be take into consideration and have the processing time be a little bit faster. But still I’m praying and hoping that my application will be alright. J’aime vraiment aller au Québec et j’aime y habiter pour toujours. 😉

Glory be to God. What chances do I also have? My application was confirmed by CIC on March 2007 and I have been waiting for all these while only to receive a letter telling me my application has been cancelled by the Canadian government and so I should fill a second form with my bank details for the refund of my application fees. The letter added that part of the reasons why the applications were cancelled were that I applied prior to February 8 2008 and that the new rules has incapacitated my application. I was dumbly confused. I have not applied for the refund of my application fees as yet. Mr Cohen, what chances do I also have. Thanks a million for this update.

Dear Mr.Cohen,
َappreciate your kind effort
greetings and congratulations to you for the marvelous victory which would bring cheers to thousands of applicants like me any my friend who were affected by the new system. Please enlighten will this decision be also applicable in other provinces where applicant were affected by the new system.
Thanks –

Dear Mr. David.
Thanx a million for your hard earned Efforts. Congrats to u n your team. Kindly advice me whether I m still eligible. I had applied for skilled workers program In 2005. I also didn’t take the refund. Pl advise me whether I can ask canada immigration personnel to restart my application.
Warm regards.

Congratulations, great news.
Your efforts are really appreciated.
Your efforts saved thousands of people rights.
Many many thanks. Canada is really the place where people’s rights can’t be lost …
Canada here we come.

Congrats for your success sir…I’m also applicatent for QSWP and I have been waiting for answer too. If I can ask some question in email than please I request you to provide me an email where I can ask.

hello sir
i was submitted my file in Aug 2012 . i got my file no. in Nov 2012. in 2014 my file opened they demands few documents . after submitted my documents . i have received a mail for interview . now m waiting for date for interview since 8 month . i just want to know how much time taken for next process
thank u

You have done a marvellous job. Congratulations.
i am one of the applicant made an application for QSWP in july 2013 and i only received fees acceptance letter On September 2013. I am eager to know whether my application wolud be considered as per the new rules or should it be workout as previous rules when i have applied.

Dear Sir
Recently one case regarding QSWP court has given favourable decision on the basis of promissory estoppel. As per your comments put on your webdite it seems that court decision will applicable to all applicants applied for QSWP. There is another case regarding FSWP in supreme court regarding 87.4 and Which is almost same as this one. Will decision of these cases will applicable to all effected applicants or only to those who filled the case.

Dear Sir
thank you very much for all your helpful Articles
i had applied for csq in 3/2014 as nurse and i received fill no 6/2014
sir i m little worried about when i applied i will earned 16 point AOT . so as above case changes
are made in AOT 2015 , nurse will earned 12 points.
so witch rules ,requirements will applied to us ….???????
please reply
thank you

Dear Sir,
My name is Zafar, currently i am living in Danmark on Green Card Scheme is kind of Danish Immigration, well i want to move from Danmark to Canada. How it is possible please guide me properly, basically i am from Pakistan. I did Master from pakistan and also did another Master from Sweden. Hopefully you will help thanks

Congratulations for your hard work.
I have applied in january 2013 and received file number but up till now there is no news.
I have other commitments which I cannot fulfill due to this. Can you suggest anything which I can do to speed up the process.
Thanks

Dear Sir ,
I need your advice if this will be automatically applied to all who had submitted before the new regulation
as I have been applied and receive my file number in 7/2011, and TCF A2 B2
then I have been requested to update my score to be B2 B2

do you think I will benefit from this court’s decision, shold it process under old regulation ?! or I need to go through new assessment to review my case ?

Dear Mr.Cohen,
I submitted my application on 10/2011 and received my file no. on 12/2011, recently I received a letter from embassy concerning request of update some documents such as work experience and education. My major is chemistry and it had12 points at the time of opening my file but now it has -0- point. I am so worried. please kindly advise whether the new measures apply to my application or no. next week i have tefaq exam but not sure to get B2 result .anyhow i’m going to send IELTS and Tefaq result in addition to the requested documents for update, do you think i will benefit from this court’s decision ?

Dear Sir,
I got my file number on 7 August 2013, that submission time my occupation (Pharmacy Technical Assistant) was in demand list so I got 12 points of Area of Training. Now on 29 July 2015 Quebec Government Refuse my file due to my occupation is not in demand list currently. And government calculate now 00 points of Area of Training instead of 12.
Plzz guide me sir. I am very much disappoint.
I need your help

Dear Sir,
I got my file number on 7 August 2013, that submission time my occupation (Pharmacy Technical Assistant) was in demand list so I got 12 points of Area of Training. Now on 29 July 2015 Quebec Government Refuse my file due to my occupation is not in demand list currently. And government calculate now 00 points of Area of Training instead of 12.
Plzz guide me sir. I am very much disappoint.
I need your help.
Plzz Reply…

helo sir.
I applied in December 2012.got file no in march 2013.then got document request on march 2015.they got mail ‘on interview waiting list’.now I want to know that what they will do with my case as new rule came on 5 august 2015.

I am Kousar Husain From India, please assist me if I wish to file my Quebec Skilled Worker then where I would have to submit in India ? should I have to send my all Documents to Canada or In any Indian Canadian Embassy ? please also provide me near New Delhi location if I should have to Submit my Documents in India.

sir though i find my self eligible for qswp launched in nov 2015 with 59 points without french test points my file has gone through postal service right on 4th nov itself , should i expect a pr or preference will be given to those who have applied whery much before me under qswp

Dear Sir,
I have received my file number under the category of quebec skilled workers PR visa (nursing). My file number(Dossier No:) starts from HA0001*****. So, I would like to know a model of quebec file number to make sure.

Hello, Sir, As I have applied on 20-01-2015 for PR in Canada in Quebec. My verification of all the documents has done and approval given for application. I had applied through the agent. Now 2017 started no response from Canada immigration. I would like to ask how much time it will take .Kindly reply me for this I will be very oblized for this act.
Thanking you.